Cooper v. Fenton Brace & Limb Co.

The plaintiffs [David Cooper] and his wife [Celia Cooper] appeal from a final judgment entered in a negligence action in favor of the defendant [Fenton Brace & Limb Company] and its insurer [National Indemnity Company]. The plaintiffs contend that it was error for the trial court to direct a verdict in favor of the defendants at the close of all the evidence in the case. We agree and reverse.

The law is clear that a directed verdict should not be entered for a defendant in a negligence action unless the plaintiff cannot recover under any reasonable view of the evidence; even where the evidence…